There was never any question that the government would appeal. The appellate court will almost certainly hear the appeal.

Whoever loses then will appeal to the US Supreme court. Whether that appeal gets heard is a lot less certain. Almost all appeals there get denied, yet this has the potential to be accepted to clarify the Lawrence case. That's not uncommon - a major new Supreme Court ruling often results in appeals being accepted a year or two later to clarify the original ruling, once there's been time for the problems and issues with the original to be seen. Rob isn't through, and his bills won't end any time soon.

If Rob will shut his mouth and stop talking to the media Sirkin might be get able to get a lot of the funding from mainstream Hollywood and the networks to carry the case forward. Those guys have been burned over last year and supporting Judge Lancaster's view of government regulation of morality is worth a lot of money to those guys. None of them care about Rob and they might stay away if Rob doesn't keep out of sight.

PS. It may be really important to Rob to have as much delay as possible at this stage. It's not in his interest to get to the US Supreme Court before Rehnquist is replaced, maybe not even before the appeal is heard. He doesn't want even oral arguments to take place before judges eager to curry favor with Congress to win a promotion.